Wash. Admin. Code § 357-13-090

Current through Register Vol. 24-23, December 1, 2024
Section 357-13-090 - How is an employee affected when their position is reallocated?

This table is used to determine how an employee whose position is reallocated is affected.

Employee's position reallocated to:

Class with a higher salary range maximum

Class with an equal salary range maximum

Class with a lower salary range maximum

Reallocation results from:

A position review requested by the employee or initiated by the employer

If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:

If the employee meets the competencies and other position requirements:

If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:

[RIGHTWARDS ARROW] The employee remains in the position and is appointed with permanent status provided the probationary or trial service period for the class to which the position is reallocated is six months in duration. If the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position.

If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:

[RIGHTWARDS ARROW] The employee remains in the position and retains existing appointment status.

[RIGHTWARDS ARROW] The employee retains appointment status; has the right to be placed on the employer's internal layoff list and in the general government transition pool; and has their salary set in accordance with WAC 357-28-120.

[RIGHTWARDS ARROW] The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements.

[RIGHTWARDS ARROW] The employee retains the previous base salary in accordance with WAC 357-28-120.

If the employee chooses to vacate the position or does not meet the competencies and other position requirements:

If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed and has already gained permanent status, the employee must serve a trial service period. If the employee has not completed the probationary period, then the new trial service period will overlap provided the higher and lower classes are in the same or a closely related field. If the classes are not in the same or closely related field, then the employee will start their probationary period over in the new class.

If the employee does not meet the competencies and other position requirements:

[RIGHTWARDS ARROW] The employer's layoff procedure applies.

A position review requested by the employee or initiated by the employer

If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:

If the employee meets the competencies and other position requirements:

If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:

Upon appointment to the higher class, the employee must advance to a step of the range for the new class that is nearest to five percent above their previous salary, not to exceed step M of the range as provided in WAC 357-28-115.

The employer's layoff procedure applies.

The director revising the classification plan.

The employee remains in the position and keeps existing appointment status. See WAC 357-28-130 for determining the employee's salary.

Wash. Admin. Code § 357-13-090

Amended by WSR 14-24-026, Filed 11/21/2014, effective 12/22/2014
Amended by WSR 16-17-089, Filed 8/18/2016, effective 9/20/2016
Amended by WSR 22-24-025, Filed 11/30/2022, effective 1/1/2023
Statutory Authority: Chapter 41.06 RCW. WSR 13-19-043, § 357-13-090, filed 9/13/13, effective 10/18/13; WSR 11-23-054, § 357-13-090, filed 11/10/11, effective 12/13/11; WSR 06-23-090, § 357-13-090, filed 11/14/06, effective 12/18/06; WSR 05-12-088, § 357-13-090, filed 5/27/05, effective 7/1/05; WSR 05-01-201, § 357-13-090, filed 12/21/04, effective 7/1/05. WSR 13-18-003, § 357-13-090, filed 8/21/2013, effective 9/21/2013